J-S41016-16

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA, IN THE SUPERIOR COURT OF PENNSYLVANIA Appellant v. JUAN MIGUEL ACEVEDO, Appellee No. 2984 EDA 2015

Appeal from the Order August 31, 2015 In the Court of Common Pleas of Monroe County Criminal Division at No(s): CP-45-CR-0002532-2010 BEFORE: BENDER, P.J.E., DUBOW, J., and STEVENS, P.J.E.* DISSENTING STATEMENT BY STEVENS, P.J.E.:FILED SEPTEMBER 02, 2016 In this appeal by the Commonwealth, the Majority concludes the trial court properly granted Appellee Juan Miguel Acevedo’s counseled “Petition for Habeas Relief and/or Petition Seeking Enforcement of Plea Agreement.”1 While the Majority offers a thoughtful, cogent analysis, I disagree that the ____________________________________________

I note the lower court properly treated Appellee’s “Petition for Habeas Relief and/or Petition Seeking Enforcement of Plea Agreement” as not falling within the scope of the Post Conviction Relief Act (“PCRA”), 42 Pa.C.S.A. §§ 9541-9546, and thus, as not being subject to the PCRA’s time constraints.

Commonwealth v. Partee, 86 A.3d 245 (Pa.Super. 2014) (holding petition to enforce nolo contendere plea agreement on charges for indecent assault and related offenses, in which petitioner challenged retroactive application of Adam Walsh Act that would subject him to 25-year registration requirement and sought enforcement of 10-year period of registration under agreement, was not equivalent of petition for post-conviction relief under Post-Conviction Hearing Act).

*Former Justice specially assigned to the Superior Court.

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record sufficiently reflects the ten-year registration requirement was a specifically bargained for element of Appellee’s plea. Thus, since registration is a collateral consequence of a guilty plea and its subsequent enhancement does not render a guilty plea involuntary, I would reverse the trial court.

See Commonwealth v. Leidig, 598 Pa. 211, 956 A.2d 399 (2008).

Accordingly, I respectfully dissent.

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